Property Law and Real Estate Commons^™

Takings And The Right To Fish And Float In Colorado, Aaron Pettis

Indiana Law Journal

No abstract provided.

Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer

Indiana Law Journal

2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.

The Myth Of Home Ownership And Why Home Ownership Is Not Always A Good Thing, A. Mechele Dickerson

Indiana Law Journal

Home ownership is viewed as key to achieving the "American Dream " and is now an essential element of the American cultural norm of what it means to be a success. The metastasizing mortgage crisis suggests, however, that our home ownership policies are out-dated, misguided, and largely ignore the actual market realities many potential homeowners now face. After briefly describing the current home ownership crisis, this Article argues that the United States should radically revise and restrict home ownership subsidies. Rather than encouraging universal home ownership, the Article argues that the government should replace existing home ownership subsidies with targeted …

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

Political Institutions, Judicial Review, And Private Property: A Comparative Institutional Analysis, Daniel H. Cole

Articles by Maurer Faculty

Since Madison, jurists of all ideological stripes have more or less casually presumed that constitutional judicial review is absolutely necessary to protect private property rights against over-regulation by political bodies. During the twentieth century, this presumption led directly to the institution of regulatory takings doctrine.

Recently, the economist William Fischel and the legal scholar Neil Komesar have raised important questions about, respectively, the utility and the sufficiency of constitutional judicial review for protecting private property. This article supports their arguments with theoretical and historical evidence that constitutional judicial review (1) is not strictly necessary for protecting private property rights, and …

Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole

Articles by Maurer Faculty

When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo (fueled substantially by Justice O'Connor's hyperbolic dissent), as property-rights advocates, legislators (at all levels of government), and media pundits assailed the ruling as a death knell for private property rights in America.

Kelo's combination of relative legal insignificance and high political salience makes it an interesting case study in cross-institutional dynamics, …

Evolution Of Rules In A Common Law System: Differential Litigation Of The Fee Tail And Other Perpetuities, Jeffrey E. Stake

Articles by Maurer Faculty

This paper presents a variation on the Rubin-Priest theory of the evolution of common law rules toward efficiency. It offers the fee tail and similar restraints on alienation as examples of how inefficient rules can lead to inefficient uses of land, which cause owners to seek the help of courts in freeing their lands from the inefficient constraints. In other words, there is a feedback loop that provides courts with opportunities to overturn inefficient common law rules. We should expect this common law drift toward efficiency to be stronger for property rules than for tort rules. Because efficient property rules …

Virtual Property, Joshua Fairfield

Articles by Maurer Faculty

This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - that is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act …

Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery

Indiana Law Journal

No abstract provided.

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.

The Property "Instinct", Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.

The Uneasy Case For Adverse Possession, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes

Indiana Law Journal

No abstract provided.

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Land Title Registration: An English Solution To An American Problem, C. Dent Bostick

Indiana Law Journal

No abstract provided.

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

Indiana's Implied Warranty Of Fitness For Habitation: Limited Protection For Used Home Buyers, Gregory L. Crider

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982

Church Property Disputes In The Age Of "Common-Core Protestantism": A Legislative Facts Rationale For Neutral Principles Of Law, Roger Wm. Bennett

Indiana Law Journal

No abstract provided.

Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi

Indiana Law Journal

No abstract provided.